Tenant Rights for Lead Paint in NYC: What You're Entitled To
NYC tenants have strong legal protections against lead paint hazards. Under Local Law 1, Local Law 31, and federal regulations, your landlord is required to maintain a lead-safe environment. Here's what you're entitled to.
Your landlord must: maintain all painted surfaces in good condition (no peeling, chipping, or deterioration), perform annual visual inspections in units with children under six, remediate any lead hazards within 24 hours of notification, and use EPA-certified methods for any paint work that disturbs lead paint.
You are entitled to: annual written notification about lead paint, a copy of the EPA lead hazard pamphlet, disclosure of any known lead paint or hazards, and access to XRF test results for your unit.
If you see peeling or deteriorated paint in your apartment, you can: notify your landlord in writing, call 311 to file an HPD complaint, request an HPD inspection, and contact the Tenant Helpline for assistance.
When lead hazards are found, your landlord must hire an EPA-certified contractor, use lead-safe work practices, complete clearance testing, and provide temporary relocation if the work makes your unit uninhabitable.
NYC law protects tenants from retaliation for reporting lead paint hazards. Your landlord cannot evict you, raise your rent, or reduce services because you filed a complaint. Document everything and contact a tenant rights organization if you experience retaliation.
If you're a landlord reading this, understanding tenant rights helps you stay compliant. DeLead NYC helps property owners meet all obligations efficiently. See our landlord's guide.
Yes, under the warranty of habitability (RPL §235-b), tenants can apply for an HPD Code Enforcement Inspection, file an HP Action in Housing Court, and request a rent abatement of 25-100% until the hazard is corrected. Document everything in writing.